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SMITH v. CITY OF WOODSTOCK

No. 72-154.

17 Ill. App.3d 948 (1974)

309 N.E.2d 45

GERALD SMITH et al., Plaintiffs-Appellees, v. THE CITY OF WOODSTOCK, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied April 10, 1974.

Attorney(s) appearing for the Case

Caldwell, Berner & Caldwell, of Woodstock, for appellant.

Joslyn & Green and Michael J. Sullivan, both of Woodstock, and Clemens Hufmann, of Chicago, for appellees.

Order affirmed in part, reversed in part, and reversed and remanded in part.

Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:

From an order enjoining further operations of a sewage treatment plant and the construction of a proposed storm drain, the defendant appeals contending that the trial court abused its discretion.

The sewage treatment plant, located upstream from plaintiffs properties, began operating on August 4, 1971. Its treated...

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